Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Burkina Faso (Ratification: 1960)

Autre commentaire sur C014

Demande directe

2014
2008
1995

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Article 2 of the Convention. Weekly rest in the transport sector. In reply to its previous direct request, the Committee notes the Government’s indication that Order No. 1244/FP.T/DGTLS of 9 December 1976, which determines the procedures for the application of weekly rest, is still in force. However, the Committee observes that no new provisions have yet been adopted to regulate weekly rest in transport enterprises, which are excluded from the scope of application of this Order. The Committee requests the Government to take the necessary measures without further delay to ensure that the enterprises concerned benefit from legal provisions determining the modalities for the application of weekly rest in these enterprises.

Article 4. Total or partial exceptions. In reply to its previous comment, the Committee notes the Government’s indication that the legislation that is in force does not require any more prior consultation with responsible associations of employers and workers when adopting exceptions to weekly rest as provided for under the former section 150 of the Labour Code. The Committee understands that several consultation mechanisms with occupational organizations of employers and workers exist outside the formal framework, but that prior consultation of these organizations on the adoption of exceptions to weekly rest is not required by the legislation, including for exceptions provided by law. The Committee also understands from the Government’s reply that exceptions granted by labour inspectors, for certain types of businesses and for a limited period, require consultations of employers’ and workers’ organizations. The Committee would like to know the provisions providing for this compulsory consultation and the modalities regarding their implementation in practice. It recalls that Article 4 of the Convention does not allow any differences between exceptions provided by law (or permanent exceptions) and special exceptions (or exceptional ones) regarding the obligation to prior consultations with responsible associations of employers and workers when adopting rules that govern them. The Committee requests the Government to indicate the applicable rules ensuring the respect of the obligation of prior consultation as regards exceptions granted by labour inspectors and those envisaged by the Government to ensure conformity of all of the applicable provisions with the requirements of Article 4 of the Convention.

Article 5. Compensatory rest. With reference to its previous comments, the Committee notes the Government’s reply that no provision of national legislation addresses compensatory rest and that it has no information on the application of section 12 of Order No. 1244. The Government adds that the application of the provisions on weekly rest by employers and workers has not yet given rise to the granting of compensatory rest. While drawing the Government’s attention to the importance of compensatory rest in protecting the health and well-being of workers, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that any person who is required to work on the day of weekly rest is granted periods of compensatory rest, as required by the provisions of the Convention.